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RESOLUTION NO. 6506(CC5)
(City Councll Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE DEVELOP1lliNT, CONSTRUCTION
AND OWNERSHIP OF NO MORE THAN 41 LOW RENT DWELLING
UNITS, AND AUTHORIZING THE EXECUTION OF COOPERATION
AGREE~1ENT BETWEEN THE CITY OF SANTA MONICA AND THE
HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES.
WHEREAS, 1t 1S the POllCY of th1S locality to eliminate
substandard and other lnadequate houslng, and to realize as soon as
feaSlble the goal of a decent home In a suitable livlng environment
for all of ltS c1tlzens~ and
WHEREAS, under the provisions of the State of Californla
Rental Housing Constructlon Program (hereln called the "Program"),
the State Department of Houslng and Commun1ty Development (herein
called "BCD") lS authorlzed to provlde flnanClal assistance to local
publlC houslng agencies (hereinafter called"Local Authority") for
un~ertaking and carrying out the development and operatlon of low-rent
houslng proJects that will asslst In meetlng this goal; and
WHEREAS, Section 34313 of the Californla Health and Safety
Code, as amended, provides that no low-rent houslng project shall be
developed, constructed, or owned by the Local Authority untll the
governlng body of the locality has by resolution approved such project~
and
WHEREAS, pursuant to and in compliance with Section 34313
of the Callfornla Health and Safety Code, the local school board has
been consulted; and
the operatlon of the local authorlty In the Clty.
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ADOPTED AND APPROVED THIS
29
DAY
OF
June
, 1982.
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MAYOR
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 6S06(CCS)_WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA fiT A MEETING THEREOF HELD ON
June 29
t 1982 BY THE FOllOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Edwards, Press, Reed, Zane
and Mayor Yannat ta Goldt'iay
NOES:
COUNCIlMEMBERS: None
ABSENT:
COUNCILMEMBERS: Jennlngs
ABSTAIN:
COUNCILMEMBERS: ~one
ATTEST:
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e CONI'RACT ID. 3789(CCS)
COOPERATION AGREEMENT
THIS AGREEMENT. entered into this First day of Auqust
1982, by and between THE HOUSING AUTHORITY OF THE COUNTY OF LOS ANGELES (herein
ca II ed the "Loca I Author i ty"). and the CITY OF Santa Mon i ca , a mun i c i pa 1
corporation (herein called the "Municipality"); witnesseth.
In consideration of the mutual covenants hereinafter set forth, the parties
agree as follows:
1. Wherever used in this Agreement:
(a) The term "Projectll shall mean any Low Rent Housing. as herein-
after defined, hereafter developed and owned. or owned, by the Local Authority
with financial assistance of the State of California acting through the Department
of Housing and Community Development (hereinafter called "HCDIl) excluding, however,
any Low Rent Housing Project covered by any contract for loans, annual contributions
or housing assistance payments entered into between the Local Authority and the
State of California, or its predecessor agencies, prior to the date of this Agreement.
(b) The term 11Taxing Body'l shall mean the State or any pol itical
subdivision or taxing unit thereof in which a Project is situated and which would
have authority to assess or levy real or personal property taxes or to certify such
taxes to a Taxing Body or public officer to be levied for its use and benefit with
respect to a Project if it were not exempt from taxation.
(c) The term "Shel ter Renel shall mean the total of all charges to
all tenants of the Project for dwelling units and non-dwelling rents (excluding all
other income of such project), less the ~ost to the Local Authority of all dwelling
and non-dwelling utilities.
(d) The term "Low Rent Housing" shall mean housing operated primarily
for persons of low-income as defined in Cal ifornia Health & Safety Code Section 34213.
2. The Local Authority shall endeavor (a) to secure a contract or contracts
with HeD for loans, annual contributions or housing assistance payments covering one
Project not to exceed
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dwell ing units in the Municipality to provide safe and
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sanitary units of Low Rent Housing for low-income families, and the handicapped as
defined by HCD, and (b) to develop and administer such Project which shall be located
within the Municipality. The terms of this Agreement and the obligations of the
parties hereto shall apply only to such Project.
3. Under the Constitution and statutes of the State of California, all
Projects and all property owned by the Local Authority are exempt from all real and
personal property taxes and special assessments levied or imposed by any Taxing Body.
The Municipal ity agrees that it will not levy or impose any real or personal property
taxes or special assessments upon any Project or .upon the Local Authority with respect
thereto, so long as (i) such Project is owned by the Authority or a governmental agency
and is used for low Rent Housing purposes, and either (ii) any contract between the
Local Authority and the HCD for loans. annual contributions or housing assistance
payments. or any of the foregoing, in connection with such Project remains in force
or effect. or (iii) any notes or bonds issued in connection with such Project or any
monies due to the HCD in connection with such Project remain unpaid, whichever
period is the longest.
4. With respect to any Project exempted from real or personal property
taxes or special assessments in Section 3 hereof, the local Authority shall make
annual payments (herein called IIPayments in Lieu of Taxes") in lieu of such taxes
and special assessments and in payment for the public services and facilities furnished
from time to time without other cost or charge for or with respect to any such Project
governed by the terms of this Agreement:
(a) Each such annual Payment in lieu of Taxes shall be made after the
end of the fiscal year established for such Project, and shall be in an amount equal
to the lesser of (i) an amount not-to-exceed ten percent (10%) of the Shelter Rent
charged by the Local Authority with respect to such Project during such fiscal year.
or (Ii) the amount permitted to be paid by applicable State law in effect on the
date such payment is made.
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(b) The Municipality shall distribute the Payments in Lieu of Taxes
among the Taxing Bodies in the proportion which the real property taxes which would
have been paid to each Taxing Body for such year if such Project were not exempt
from taxation bears to the total real property taxes which would have been paid to
all of the Taxing Bodies for such year if such Project were not exempt from taxation;
provided, however, that no payment for any year shall be made to any Taxing Body in
excess of the amount of the real property taxes which would have been paid to such
Taxing Body for such year if such Project were not exempt from taxation. nor in
excess of the estimated cost to such Taxing Body of the services. improvement or
facil ities furnished to the Project by such Taxing Body.
(c) Upon failure of the local Authority to make any payment in Lieu
of Taxes. no lien against any Project or assets of the Local Authority shall attach,
nor shall any interest or penalties accrue or attach on account thereof.
5. During the period commencing with the date of the acquisition or possession
by lease by the Local Authority of any part of the site of any Project governed by the
terms of this Agreement and continuing so long as (i) such Project is owned by the State
of California, or any agency ~hereof or the Local Authority and is used for lCWJ Rent
Housing purposes, and either (ii) any contract between the Local Authority and HCD
for loans, annual contributions or housing assistance payments, or any of the
foregoing, in connection with such Project remain in force and effect, or (iii)
any notes or bonds issued in connection with such Project or any monies due to HCD
in connection with such Project remain unpaid, whichever period is the longer, the
Municipal ity without cost or charge to the local Authority or the tenants of such
ProJect shall:
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(a) Furnish or cause to be furnished to the Local Authority and the
tenants of such Project public services and facilities of the same character and to
the same extent as are furnished from time to time without a service fee to other
dwellings and inhabitants in the Municipal ity.
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(b) Insofar as it is lawfully able to do 50, vacate such streets,
roads and alleys within the area of such Project as may be necessary in the development
thereof, and the Municipality may convey without charge to the local Authority such
interest as the Municipal ity many have in such vacated areas; and insofar as it is
lawfully able to do so without cost or expense to the Local Authority or to the
Municipality, cause to be removed from such vacated areas, insofar as it may be
necessary, all public or private util ity lines and equipment.
(c) Insofar as the Municipality may lawfully do so~ (i) grant such
deviations from the bUilding regulations and ordinances of the Municipality as are
reasonable and necessary to promote economy and efficiency in the development and
administration of such Project, and at the same time safeguard health and safety;
(ii) waive building and inspection fees which would be charged if a Project were con-
structed by private individuals; and (iii) make such changes in any zoning of
the site and surrounding territory of such Project as are reasonable and necessary
for the development and protection of such Project and the surrounding territory.
(d) Accept offers of dedication and grants of easements necessary
for the development of such P.roject.
(e) Cooperate with the local Authority by such other lawful action or
ways as the Municipality and the local Authority by such other lawful action or ways
as the Municipality and the Local Authority may find necessary in connection with the
planning~ development, operation and administration of such Project.
6. In respect to any Project governed by the terms of this Agreement the
Municipality agrees that within a reasonable time after receipt of a written request
therefor from the Local Authority.
(a) It will accept the dedication of all interior streets, roads,
alleys, and adjacent sidewalks within the area of such Project, together with
all storm and sanitary sewer mains in such dedicated areas, after the Local Authority,
at its own expense, has completed the grading, improvement, paving, and installation
thereof in accordance with specifications acceptable to the Municipality.
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(b) It will accept necessary dedications of land for, and will
grade, improve, pave, and provide sidewalks for all streets bounding such Project
or necessary to provide adequate access thereto, in consideration whereof the
local Authority shall pay to theMunicipality such amount as would be assessed
against the Project site for such work if such site were privately owned.
(c) It will provide. or cause to be provided, water mains. and
storm and sanitary sewer mains, connecting with such Project and serving the
bounding streets thereof, in consideration whereof the Local Authority shall pay
to the Municipality such amount as would be assessed against the Project site
for such work if such site were privately owned.'
7. No Cooperation Agreement heretofore entered into between the
Municipality and the Local Authority shall be construed to apply to any Project
covered by this Agreement.
8. No member of the governing body of the Municipal ity or any other
publ ic official of the Municipality who exercises any responsibilities or functions
with respect to any Project governed by the terms of this Agreement during his
tenure or for one year thereafter shall have any interest, direct or indirect, in
any Project or any property included or planned to be included in any Project, or
any contracts in connection with such Projects or property. If any such governing
body member or such other public official of the County involuntarily acquires or
had acquired prior to the beginning of his tenure any such interest, he shall immed-
iately disclose such interest to the Local Authority.
9. The privileges and obligations of the Municipal ity hereunder shall remain
in full force and effect with respect to each such Project so long as the legal or
beneficial title to each such Project is held by the Local Authority. If at any time
the legal or benefiCial title to any Project which is the subject of this Agreement
is held by the State of California or any agency thereof, including HCD, authorized
by law to engage in the development of administration of Low Rent Housing Projects,
the provisions of this agreement shall inure to the benefit of and may be enforced
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by the State of California or such agency thereof, including HCD.
10. The Board of Supervisors of the County of los Angeles has commenced
procedures to consol idate housing programs and related activities under the general
control of the Community Development Commission of the County of los Angeles into
which the Board of Supervisors has announced its intention to consolidate the functions
of the ~ousing Authority of the County of los Angeles. Therefore, in addition to
any other provision regarding assignment and the rights and duties of successors to
the parties of this ~greement, and not withstanding any general prohibition against
assignment of this Agreement, at such time as the Board of Supervisors may-adopt an
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ordinance which has the effect of merging the Housing Authority of the County of
los Angeles into the Community Development Commission of the County of los Angeles,
upon adoption of such an ordinance, the Housing Authority of the County of
Los Angeles shall give notice of the effective date of such ordinance. No other
action shall be required of either party to this Agreement to substitute the
Community Development Commission of the County of Los Angeles as the party to
this Agreement in place of the Housing Authority of the County of los Angeles.
IN WITNESS WHEREOF, the Municipality and the local Authority have
respectively signed this Agreement and caused their seals to be affixed and attested
as of the day and year first above written.
(SEAL)
ATTEST:
APPROVED AS TO FORM:
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Trtle ~ting C*ty Clerk ~
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Robert M. Myers
City Attorney
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(SEAL)
ATTEST:
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THE HOUSING AUTHORITY OF THE
COUNTY OF lOS ANGELES
C. Hankla, Executive Director
APPROVED AS TO FORM
JOHN H. LARSON COUNTY COUNSEL
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BY: &/v:.c--,
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CONTR~CT NO. 3790(CCS)
COMPLIANCE AGREEMENT
This Agreement is entered into this :)..ci~. day of
~ ' 1982 by and between Colorado Place# Limited, a
California limited partnership ("Developer"), and the City
of Santa Monica ("City") for the purpose of acknowledging
compliance by Developer with certain terms of the Develop-
ment Agreement dated October 27, 1981 entered into by the
City and Developer.
The City acknowledges that Becket Investment Corpora-
tion (general partner of the Developer) has entered into an
Affordable Housing Agreement dated May 26, 1982 with the
Housing Authority of the County of Los Angeles ("Housing
Authority") for the purpose of providing a portion of the
low income housing required by the Development Agreement.
The City acknowledges and agrees that so long as the
Housing Authority is providing ana renting the low income
housing pursuant to the Affordable Housing Agreement that
such operation shall be and is deemed performance by Devel-
oper of the applicable provisions of the Development Agree-
rnent and City agrees to accept such performance by the
Housing Authority. City shall reasonably cooperate with the
Housing Authority with respect to the nature and detail of
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the occupancy records to be maintained by Housing Authority
for the purpose of facilitating the City's right to require,
audit and inspect such records.
Nothing contained herein is intended to or shall
diminish or alter the obligations and responsibilities of
Developer or City pursuant to the terms and conditions of
the Development Agreement.
COLORADO PLACE, LTD.,
a California limited partnership
By: COLORADO ASSOCIATES, LIMITED
.8 California limited partnership,
general partner
By: BECKET INVESTMENT CORPORATION,
a California corporation,
general partner
By:
CITY OF SANTA MONICA
City Manager
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ROBERT M. MYERS, City Atto~y
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